Can I file child custody for my daughter's unborn child? 17 Answers as of November 28, 2011

Illinois law limits the rights of grandparents to obtain custody of grandchildren. However, you may have better luck by filing an action for guardianship of the child upon its birth.

No, until the baby is born, there are no rights to file for custody. Once the baby is born and your daughter consents, the process should not be difficult. If your daughter does not consent, it will be more difficult.

The law does not recognize the child until after birth. At that time if she is in agreement you can file to be the custodian.

No, it is not possible for you to seek custody of an unborn child. You must wait until the child is born. Once the child is born, you can seek custody. However, if the child's father legitimates, his claim for custody would be superior to yours and he could possibly prevent you from gaining custody. Further, it is possible that guardianship would be a better method for attaining your goal (rather than custody). You should speak with an attorney regarding your options and how to proceed.

I don't believe that the court would approve a petition for custody of an unborn child. My guess is that you will have to wait until the child is born. After the child is born, you could file a petition for third party custody. You mention that you have permission of the mother. It would likely also take permission for the father. There is also a potential need for a paternity action. Finally, because the mother is a minor, the court would likely require the appointment of an independent guardian for the mother before it would honor any "permission" from her.

It is possible once the child is born. You should consult an attorney to discuss the possible options and the factors to be considered in deciding whether to pursue a custody case or a guardianship case.

You mat petition the court for an order under Chapter 751, Florida statutes. It will require consent of both parents but only requires the filing of the required forms and entry of the order.

The best thing to do is look into guardianship when the child is born.

You may file a request for guardianship once the child is born. The father will need to be notified that you intend to take guardianship and you will need to allege that it is necessary and in the best interests of the child to be granted guardianship of the child. You may wish to consult with an attorney to assist you in pursuing guardianship.

No, it is not possible.